RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03320 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His 3 Aug 11 and 22 Feb 12 Fitness Assessments (FA) be declared void and removed from the Air Force Fitness Management System (AFFMS). 2. His Enlisted Performance Reports (EPR), rendered for the reporting periods of 10 May 11 through 29 Mar 12 and 10 May 10 through 9 May 11, be declared void and removed from his military personnel record. ________________________________________________________________ APPLICANT CONTENDS THAT: The medical condition that prevented him from doing the sit-up portion of the Air Force FA was not discovered until after his fourth failure and recommendation for discharge. Since then, he has been evaluated and provided documentation indicating he was not properly accommodated for this portion of the FA. His commander has since dropped his recommendation for discharge. Had he not had to do the sit-up portion of the FA, he would have passed and would not have been recommended for discharge. The contested referral EPRs rendered were unjust due to a pre- existing medical issue that prevented him from passing the FA evaluations during the timeframes of his evaluation perods. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of master sergeant (E-7). On 3 Aug 11, the applicant participated in the first contested FA, attaining a composite score of 72.60, which constituted an unsatisfactory assessment. On 22 Feb 12, the applicant participated in the second contested FA, attaining a composite score of 67.60, which constituted an unsatisfactory assessment.The following is a resume of his EPR ratings: RATING PERIOD PROMOTION RECOMMENDATION * 29 Mar 12 4 * 09 May 11 (MSgt) 4 09 May 10 5 09 May 09 5 09 May 08 5 20 Jul 07 5 20 Jul 06 5 20 Jul 05 5 03 Jan 05 (TSgt) 5 11 Mar 04 5 11 Mar 03 5 11 Mar 02 5 * Contested Reports The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends the record be changed to reflect the applicant was exempt from the situp component of the contested FA, noting the applicant provided an AF Form 422, Notification of Air Force Member’s Qualification Status, reflecting exemptions from both the cardio and situp components. A complete copy of the AFPC/DPSIM evaluation, is at Exhibit C. AFPC/DPSID recommends approval of the request to void the 29 Mar 12 EPR, contingent upon the Board’s approval to exempt/correct the 22 Feb 12 FA failure in AFFMS. Additionally, they indicated it is unclear if the medical condition was retroactive and had impact on any other evaluation. There appears to be no basis for addressing removal of any other reports. A complete copy of the AFPC/DPSID evaluation is at Exhibit D. APPLICANT’S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 1 Jan 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the applicant’s request pertaining to his 22 Feb 12 Fitness Assessment (FA) score and his referral Enlisted Performance Report (EPR) closing on 29 Mar 12. In this respect, we agree with the opinion and recommendation of AFPC/DPSIM and adopt their rationale as the basis for our conclusion the applicant’s medical condition should have rendered him exempt from the cardio and sit-up components of his 22 Feb 12 FA. Therefore, we believe it appropriate to correct the record to reflect said exemptions and remove the resultant referral EPR, since it was based on the FA failure. We note the applicant has requested that the contested FA score be removed in its entirety; however, in our view, the corrections noted above represent full and fitting relief. In view of the above, we recommend the applicant’s records be corrected to the extent indicated below. 4. Notwithstanding the above, insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the applicant’s request pertaining to his 3 Aug 11 FA score and resultant referral EPR closing on 9 May 11. In this respect, we note the comments of the Air Force OPRs indicating that while the evidence presented indicates the corrective action described above should be taken, the documentation provided does not substantiate that his 3 Aug 11 FA is an inaccurate assessment of the applicant’s fitness. Based on the foregoing and in the absence of evidence the contested EPR is an inaccurate assessment of his performance, we find no basis to remove it from his records. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: a. He was exempt from the cardio and sit-up components of his 22 Feb 12 Fitness Assessment (FA). b. His referral enlisted performance report (EPR), rendered for the period 10 May 2011 through 29 March 2012, be declared void and removed from his records. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03320 in Executive Session on 20 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03320 was considered: Exhibit A. DD Form 149, dated 5 Jul 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 23 Sep 12. Exhibit D. Letter, AFPC/DPSID, dated 6 Dec 12. Exhibit E. Letter, SAF/MRBR, dated 11 Jan 13. Panel Chair AFBCMR BC-2012-03320 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. The Fitness Assessment, dated 22 February 2012, reflect “exempt” from the 1.5 mile walk and situps components in the Air Force Fitness Management System. b. The AF Form 910, Enlisted Performance Report (AB thru TSgt), rendered for the period 10 May 2011 through 29 March 2012 be, and hereby is, declared void and removed from his records. Director Air Force Review Boards Agency